William R. Pelger, Attorney at Law in Munhall, PA

Can I sue JC Penny and the cop who falsely arrested me for theft?

Q: I was falsely accused of theft by JC Penny and the arresting cop is saying I stole 4 pairs of shoes. They have a photo of the person who did it on crime page. The person is not even me! I have proof where I was at the time. I am 6 feet shorter than the person who did this plus have piercing in my nose which cannot be removed and she don’t. I even lost my job over this! WTF? (Carrick, PA)

A: Generally, if you have proof of liability and damages, you have a law suit. You mention that you were arrested and if you can prove you lost your job. You therefore may have measurable damages. As for liability, if it was an honest mistake, the store has a defense that would weaken your case. However, if you are 6 feet shorter than the real criminal here, that is quite a noticeable difference-an obvious mistake! The case may have some settlement value. I would review this with a personal injury lawyer, one who has handled wrongful arrest cases